mrgop (Owner) 28 January 2011

Influence of report from Counsellor / Mediator

Does the report from counsellor after counselling and the report from mediator after mediation anyway influence the decisions of the judge once the trial starts in a divorce case? In my case it seems that counsellor favours wife's side, who filed for divorce, and report no chance for reconciliation from both sides eventhough i clearly mentioned my willingness to take her back unconditionally during counselling session. The case further posted for mediation. So, whats the actual difference between counselling and mediation? Whats the actual value and purpose of those reports in family court? Anyway those reports influence the judges decisions once trial starts? plz help

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3 Replies

Jamai Of Law (propra) 28 January 2011

"no chance for reconciliation from both sides"................

Is this word 'both' appearing in the councellor's report? I would really wonder if it does. Or may be that you took some different stand or the discussion went in wrong direction in there while counselling?

The report isn't supposed to be biased and counsellors (by and large. depends on the case to case.) do go and submit report personally.

And they do brief to the Hon court verbally at that time (and it is good practice.). Let's not have any prejudice everywhere unnecessarily.

So I am sure counsellor would not have used the wording using 'both' in the report.)

Roshni B.. (For justice and dignity) 29 January 2011

mediators can be biased.i have heard such cases where they have favoured only 1 party,taking advantage of their seniority.

by the way which court is it?(name city,district court or HC,etc)?if u are not comfortable sharing these details,you may send me a PM to inform.

better you ask ur lawyer to submit in court to the judge that u wana reconcile and that mediator has given a biased report.

Tajobsindia (Senior Partner ) 29 January 2011

@ Author,

1. Ask for In Chamber reconcilation efforts as you say you are optimistic that yours marriage could be saved. This will work in your favor even if challenged in superior courts are brought again to the notice of this legal Forum..

Try it.

Rest all advises may not work if you are so confident that she will reconcile ! :-)

However, all the best.